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TRANS-COUNTY WATER v. CENTRAL COLORADO WATER

No. 84SA412.

727 P.2d 60 (1986)

TRANS-COUNTY WATER, INC., Applicant-Appellant and Cross-Appellee, v. CENTRAL COLORADO WATER CONSERVANCY DISTRICT; Groundwater Management Subdistrict of the Central Colorado Water Conservancy District; Irrigationists Association; Cache La Poudre Water Users Association, Objectors-Appellees and Cross-Appellants, and City of Broomfield; Lower South Platte Water Conservancy District; Prewitt Operating Committee/G. Allyn Wind, Objectors-Appellees, and James R. Clark, Division Engineer, Water Division No. 1, Appellee.

Supreme Court of Colorado, En Banc.

November 3, 1986.

Attorney(s) appearing for the Case

Vranesh and Raisch, Michael D. Shimmin, Eugene J. Riordan, Boulder, for applicant-appellant and cross-appellee Trans-County Water, Inc.

Kim R. Lawrence, Greeley, for objectors-appellees and cross-appellants Central Colorado Water Conservancy Dist. and Groundwater Management Subdistrict of the Central Colorado Water Conservancy District.

Donald F. McClary, Fort Morgan, for objector-appellee and cross-appellant Irrigationists Ass'n.

Steven B. Ray, Fort Collins, for objector-appellee and cross-appellant Cache La Poudre Water Users Ass'n.

Harvey W. Curtis, Denver, for objector-appellee City of Broomfield.

Objector-Appellee Lower South Platte Water Conservancy Dist. not appearing.

Objector-Appellee Prewitt Operating Committee/G. Allyn Wind not appearing.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Lois G. Witte, Asst. Atty. Gen., Denver, for appellee James R. Clark.

ERICKSON, Justice.

Trans-County Water, Inc. (Trans-County) appeals a decision of Water Division I of the District Court (water court) denying Trans-County's application for a quadrennail finding of reasonable diligence in the development of a conditional appropriation. We affirm.

I.

On June 8, 1978, Trans-County was awarded a conditional water right to divert, store, and refill 466,800 acre-feet of water...

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